N.J. Admin. Code § 7:14A-25.7 - Sharing of responsibility to implement control measures for a small MS4
(a) A permittee may rely on another
governmental, private, or nonprofit entity (for example, a watershed
association) to satisfy the permittee's NJPDES permit obligations to implement
one or more control measures (or component(s) thereof) for that permittee's
small MS4 if:
1. The other entity, in fact,
implements the measure(s), or component(s) thereof;
2. The particular measure(s), or component(s)
thereof, is at least as stringent as the corresponding NJPDES permit
requirement; and
3. The other
entity agrees in writing (or is required by law) to implement the measure(s),
or component(s) thereof, on the permittee's behalf. The permittee is
responsible for compliance with the permittee's NJPDES permit obligations if
the other entity fails to implement the measure(s), or component(s) thereof. In
the annual reports the permittee must submit under
N.J.A.C.
7:14A-25.6(j)3, the
permittee shall specify that it is relying on another entity to satisfy some of
the permittee's NJPDES permit obligations. If the permittee is relying on
another entity regulated under the NJPDES permit program to satisfy all of that
permittee's NJPDES permit obligations, including that permittee's obligation to
file annual reports required by
N.J.A.C.
7:14A-25.6(j)3, the
permittee shall notify the Department of this reliance in writing, and shall
also note this reliance in the permittee's SPPP.
(b) In some cases, the Department may
recognize, either in an individual NJPDES permit or in a general NJPDES permit,
that a governmental entity other than the permittee in question is responsible
under a NJPDES permit for implementing one or more of the control measures, or
component(s) thereof, for that permittee's small MS4, or that the Department
itself is responsible. Where the NJPDES permit provides such recognition, the
permittee in question is not required to include such measure(s), or
component(s) thereof, in that permittee's stormwater program. The permittee is
not responsible for such measure(s), or component(s) thereof, but is
responsible for all other measure(s), or component(s) thereof, in the
stormwater program. Under
N.J.A.C.
7:14A-16.4(b)21, the NJPDES
permit may be reopened and modified to include the requirement to implement a
measure(s), or component(s) thereof, if the other governmental entity or the
Department does not implement it. At a minimum, any NJPDES permit issued for
small MS4s shall recognize that under
N.J.A.C.
7:14A-25.6(b)2, the
Department is responsible for implementing the SBR for construction site
stormwater runoff control.
Notes
See: 36 New Jersey Register 4133(a).
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